San Antonio Maritime & Offshore (Jones Act) Injury Attorneys: Your Harbor in a Legal Storm

When Injury Strikes on the Water, Your Rights Are Governed by a Different Law

The Texas Gulf Coast is a powerful engine of the American economy, a vast network of ports, shipping lanes, and offshore platforms where hardworking men and women perform some of the nation’s most demanding and essential jobs. For the mariners, offshore oil rig workers, fishermen, and harbor hands of San Antonio and South Texas, the workplace is dynamic and inherently hazardous. When an injury occurs on navigable waters—whether on a tugboat in the Port of Corpus Christi, a supply vessel in the Gulf, or an oil platform 50 miles offshore—you are not covered by Texas workers’ compensation or standard personal injury law. Instead, your rights and remedies are defined by a specialized and complex body of federal law known as maritime law and the Jones Act. Navigating this unique legal system requires an attorney who doesn’t just practice law but who understands the culture, terminology, and distinct challenges of maritime work.

At Barton & Associates, Attorneys at Law, our Maritime & Offshore (Jones Act) Injury practice is dedicated exclusively to representing seamen, offshore workers, and their families. We recognize that maritime employers and their insurance carriers often use the complexity of these laws as a shield, hoping injured workers will accept minimal settlements or become lost in procedural delays. For a Jones Act seaman, your claim hinges on proving your employer’s negligence contributed to your injury. For a longshoreman injured on the docks, a different but equally intricate federal statute applies. These cases demand immediate and specific action: preserving vessel evidence, understanding crew rotation, and securing maintenance and cure benefits to keep you and your family afloat during recovery.

Our mission is to be your steadfast advocate in this specialized arena. We combine a seasoned trial firm’s resources with a focused mastery of maritime statutes, case law, and industry practices. We consult with marine engineers, vessel safety experts, maritime accountants, and vocational rehabilitation specialists who speak the language of the industry. Whether you are a deckhand suffering from a traumatic injury, an engineer developing hearing loss, or a family grieving the loss of a loved one at sea, we are committed to cutting through the legal fog. We fight to enforce your right to maintenance and cure, hold negligent vessel owners and employers accountable under the Jones Act, and secure compensation that truly reflects the lifelong impact of a maritime career cut short by injury.

Why Maritime Injury Law Is a World Apart

Maritime and offshore injury claims operate under a separate legal system with rules, procedures, and remedies that differ dramatically from land-based claims. Attempting to navigate this system without specialized counsel can leave you adrift, potentially forfeiting critical benefits and compensation.

• A Separate Legal System: Maritime law is a distinct body of federal law, often referred to as “admiralty law.” Your case will be heard in federal court under its own set of procedural rules, requiring specific legal expertise.
• The Jones Act vs. Longshore Act: Key distinctions define your rights:
  • Jones Act (Merchant Marine Act of 1920): Protects “seamen”—workers who spend a significant portion of their time aboard a vessel in navigation. It allows them to sue their employer for negligence.
  • Longshore and Harbor Workers’ Compensation Act (LHWCA): Covers maritime workers who are not seamen, such as longshoremen, shipyard workers, harbor construction crews, and certain offshore platform workers. It provides scheduled benefits but also allows third-party lawsuits in some cases.
• The Doctrine of “Maintenance and Cure”: This is a no-fault benefit owed to every injured seaman from the moment of injury until they reach “maximum medical improvement.” It covers basic living expenses (maintenance) and all medical treatment related to the injury (cure). Employers often wrongfully delay or terminate these benefits, requiring immediate legal action.
• “Unseaworthiness” Claims: Separate from Jones Act negligence, a vessel owner has an absolute duty to provide a “seaworthy” vessel. This means the ship, its equipment, and its crew must be reasonably fit for their intended use. An unseaworthy condition can be grounds for a claim even without proven employer negligence.

At Barton & Associates, we don’t just understand these concepts in theory; we apply them strategically in practice. We know how to establish your status as a Jones Act seaman, we aggressively pursue maintenance and cure from day one, and we investigate every angle—from negligent orders by a captain to defective equipment supplied by a third party—to build the strongest possible case for maximum recovery.

A Closer Look at Our Maritime & Offshore Injury Practice Areas

Jones Act Claims for Injured Seamen

If you are a member of a vessel’s crew and spend a substantial part of your worktime aboard, you are likely a “seaman” under the Jones Act. This status grants you the right to sue your employer for damages if their negligence contributed to your injury.

Common Maritime Injury Scenarios We Handle:

• Slip, Trip, and Fall Injuries: Caused by wet decks, oily surfaces, unsecured lines, or poorly maintained gangways.
• Equipment & Machinery Accidents: Involving cranes, winches, cables, chains, and power tools that malfunction or are improperly used.
• Falling Object Injuries: From cargo, equipment, or tools that are improperly secured.
• Repetitive Trauma Injuries: Chronic back, shoulder, and knee injuries from heavy lifting, constant vibration, and awkward postures.
• Illnesses & Exposure: Respiratory problems from chemical or fuel fumes, hearing loss from engine room noise, and illnesses from exposure to hazardous materials.

Our Jones Act Legal Approach: We focus on proving that the vessel owner or employer failed to provide a safe work environment. This can include inadequate training, failure to enforce safety protocols, insufficient crew size leading to fatigue, improper procedures for heavy weather, or providing defective equipment. The standard for proving employer negligence under the Jones Act is favorable, requiring only that the employer’s negligence played any part, even the slightest, in causing the injury. We leverage this standard while meticulously documenting your damages, including past and future lost wages, pain and suffering, mental anguish, and loss of earning capacity.

Offshore Oil Rig & Platform Injuries

Workers on offshore drilling rigs, production platforms, and other fixed structures on the Outer Continental Shelf face unique dangers. Their legal status depends on the structure’s location and function, often falling under the LHWCA or, for some workers on certain vessels, the Jones Act.

Our Offshore Injury Legal Approach: We first conduct a detailed analysis to determine the precise legal framework governing your claim. We then investigate the cause, which could involve equipment failure (e.g., blowout preventers, drilling machinery), hazardous weather evacuations, helicopter transport accidents, fires, explosions, or exposure to toxic chemicals. We pursue all potential avenues for recovery, whether through the LHWCA, the Jones Act, or claims against third-party manufacturers of defective equipment.

Dock, Shipyard & Harbor Worker Injuries (LHWCA)

Longshoremen, shipbreakers, and harbor construction workers are the backbone of port operations. Covered by the Longshore Act, they are entitled to medical benefits and compensation for disability.

Our LHWCA Legal Approach: We ensure our clients receive all statutory benefits they are owed while also investigating potential third-party liability claims. If your injury was caused by the negligence of a vessel owner (other than your direct employer), a equipment manufacturer, or a subcontractor, we can file a separate lawsuit against them to seek damages beyond the LHWCA schedule, such as for pain and suffering.

Wrongful Death at Sea & Maritime Negligence

The loss of a loved one in a maritime accident is a profound tragedy, compounded by the complex legal landscape. Families are left to navigate grief while facing financial uncertainty.

Our Wrongful Death Legal Approach: Under maritime law and the Jones Act, certain surviving family members have the right to seek damages. We pursue claims for loss of financial support, loss of care and companionship, funeral expenses, and conscious pain and suffering endured by the decedent prior to death. We handle these cases with the utmost sensitivity while conducting a relentless investigation to determine the cause of the fatal incident and hold all responsible parties accountable.

The Critical Importance of “Maintenance and Cure”

Unlike any other area of injury law, maritime law provides the unique remedy of maintenance and cure. From the moment you are injured, your employer owes you:

• Maintenance: A daily living allowance to cover food and lodging expenses while you are unable to work.
• Cure: Payment for all medical treatment, including surgery, therapy, and medication, until you reach maximum medical recovery.

Our Proactive Stance: We demand these benefits immediately. If the employer or their insurer refuses, delays, or offers an unfairly low maintenance rate (often as little as $20-$40 per day), we file a motion in federal court to compel payment. This not only provides you with vital financial support but also demonstrates to the employer our readiness to litigate, setting the tone for the entire case.

The Barton & Associates Difference in Maritime Litigation

Choosing our firm means securing a team that is as comfortable in federal admiralty court as we are fighting for Texas families.

• Immediate Action on Maintenance and Cure: We prioritize securing your day-to-day financial and medical needs, providing stability so you can focus on recovery.
• Strategic Status Determination: We expertly analyze your employment to establish your legal status as a Jones Act seaman, a Longshore worker, or another classification, ensuring your claim is filed under the most advantageous law.
• Comprehensive Investigation: We work with marine surveyors and experts to inspect vessels, review logbooks and safety records, and reconstruct accidents to prove negligence and unseaworthiness.
• Trial-Ready Advocacy: Maritime cases are often hard-fought. Our proven willingness and ability to take cases to federal trial give us the leverage needed to achieve substantial settlements or verdicts.

If You Are Injured on the Water, Don’t Be Left to Drift

A maritime injury can capsize your life, leaving you in pain, unable to work, and worried about your family’s future. The vessel owners and insurance companies have teams of lawyers ready to protect their interests. You deserve the same level of specialized advocacy.

Take the First Step Toward Recovery and Justice

Contact the experienced San Antonio Maritime & Jones Act Attorneys at Barton & Associates today. We offer a free, confidential, and thorough case evaluation. We will listen to the details of your accident, explain your rights under maritime law, and outline the powerful representation we can provide. Call us 24/7 at 210-500-0000 or complete our online Free Consultation form. Let us be your harbor in this storm.

Main Category: Personal Injury
Practice Area Category: Transportation & Mass Torts
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000